Court No. - 50
Case :- CRIMINAL APPEAL No. - 2388 of 1982 Appellant :- Saind Pal Singh & Another Respondent :- State Counsel for Appellant :- G.S.Hajela,S.P.Singh Counsel for Respondent :- A.G.A.
Hon'ble Harsh Kumar,J.
Re: Criminal Miscellaneous Bail Application No. 6 of 2018
Heard Sri Anshul Tiwari, learned counsel for the applicant- appellant no. 2-Prem Babu @ Mahendra and learned AGA for the State.
Perused the record. Ground sufficient.
Learned counsel for the applicant-appellant no. 2-Prem Babu @ Mahendra contends that in furtherance of orders of issuance of N.B.W. dated 5.7.2018, he was arrested on 05.09.2018; that the appellant did not make any deliberate absence; that appellant has no criminal history; that appellant is very old and sick person; that the applicant-appellant undertake that he will not misuse the liberty of bail and shall remain present before the Court as and when required and he will cooperate with the hearing of appeal for which his counsel will remain present on the date of listing.
Learned A.G.A. vehemently opposed the prayer of bail.
Considering the unlikelihood of early hearing of appeal, complicity of convicts and sentence, as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for grant of bail.
The bail application no.6 of 2018 is allowed.
Let the applicant-appellant no. 2-Prem Babu @ Mahendra be released on bail on his furnishing a personal bond and two sureties for Rs. 20,000/- each to the satisfaction of C.J.M. Lalitpur concerned in S.T. No. 31 of 1982, under sections 393 I.P.C. read with Section 12 U.P. Dacoity Affected Area, P.S. Kotwali, District Lalitpur, and undertaking that applicant- appellant will co-operate with the hearing of the appeal and will remain present in person or through counsel at the time of listing of case.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal List for final hearing after two weeks showing the name of Sri Anshul Tiwari, learned counsel for accused-appellant no. 2- Prem Babu @ Mahendra.
Order Date :- 24.9.2018 Vibha